Our Guide to Preliens, Waivers, Mechanic's Liens, and Bond Claims in North Dakota
North Dakota
Questions? Contact Us
This is an overview of the state's statutory approach to lien law and what contractors might want to focus on to ensure lien rights are established timely, correctly, and effectively.
While we are happy to provide this guide as a quick reference, we HIGHLY encourage that you work with a construction attorney to help you with your particular circumstances in our complex construction lien law environment.
North Dakota Quick Overview
| Pursuant Code | N.D.C.C. § 35-27-02, § 35-27-09, § 35-27-13 | |
| Prelien Required for Private/Commercial Projects | No, but may be beneficial | |
| Prelien Required for Public Projects | No | |
| ND Statutory Relief | Unpaid Balance | |
| Lien Milestone Event | Last furnishing/last invoice | |
| Lien Enforcement Deadline | 1 to 3 years | |
| Waivable Lien Rights | No specific statutes | |
| Supplier to Supplier Rights | Condiional, check statutes | |
| Prelien Document Name(s) | ||
| Prelien Minimum Information | Description of the property, amount due, dates of first and last furnishing, and contracting party. | |
| Prelien Minimum Notifications | Owner | |
| Prelien Recording Requirement | Yes, the lien must be recorded with the county recorder. | |
| Prelien Notarized | No |
Understanding the Prelien Process on Construction Projects in North Dakota by Role
In North Dakota, a Notice of Intent to Lien must be served to the property owner by certified mail at least 10 days before filing the lien. The lien must be filed within 90 days of the last furnishing of labor or materials. Failure to serve the notice within this timeframe may forfeit lien rights.
Mechanic's Liens in North Dakota
In North Dakota, a contractor, subcontractor, or supplier must provide written notice by certified mail to the owner at least 10 days prior to filing a lien. A construction lien must be filed within 90 days after the last contribution of labor, goods, materials, or services. The lien must be served on the owner and recorded with the county recorder where the project is located. To enforce the lien, a claimant must serve a notice of intent to enforce the lien at least 20 days prior to filing suit (or 10 days if personally served), and the lawsuit must be filed within 3 years of the lien recording date. If the owner issues a written demand, suit must be filed within 30 days, or the lien is forfeited.
Bond Claims in North Dakota
On public projects in North Dakota, a payment bond is typically required under state law. Claimants may need to provide timely notice of their claim to the public entity or prime contractor. Deadlines and notice requirements for bond claims can vary based on project type and contract terms, so claimants should review bond documents carefully to ensure compliance.
Construction Lien Waivers in North Dakota
Required Format: North Dakota does not require any specific statutorily required verbiage to be valid but be sure to check with your constuction attorney and consult any relevant state statutes.
Required Notarization: North Dakota does not require waivers to be notarized.
North Dakota does not have statutory lien waiver forms. Waivers are generally governed by contract and must be clear and unambiguous to be enforceable.
Learn more about waivers here, including the when and how to use various types of waivers, the difference between a Lien Waiver and a Lien Release, what to look for before signing, and more.
- As a client, you'll have free access to our system that easily creates statutorily correct lien waivers.
- Through our technology partner Prelien Pro, you can also access best-in-class lien waiver management software, allowing you to easily track, collaborate, and share lien waivers with all your trade partners.
Assessors' websites in North Dakota counties
Most often, the county Assessor's office is the 'go-to' resource for finding online lien-related information for construction project parcels, including ownership records, special warranty deeds, and more. Counties that we've not yet found online (those with '*') link to a Google search for your convenience.
Other Important Construction Links in North Dakota
Frequently Asked Questions (FAQs) on North Dakota Lien Processes for Contractors
Do I need to send a preliminary notice before filing a lien in North Dakota?
Yes. A written notice that a lien will be claimed must be sent to the property owner by certified mail at least 10 days before recording the lien.
How long do I have to file a lien after finishing work or supplying materials?
A lien must be filed within 90 days after the last contribution of labor, goods, materials, or services on the project.
How do I enforce my lien if the owner does not pay?
You must serve a notice of intent to enforce the lien by registered mail at least 20 days before filing a lawsuit (or 10 days if served personally). The lawsuit must be filed within 3 years from recording the lien.
Can I still file a lien if I did not send the 10-day preliminary notice?
No. Failure to send the required 10-day preliminary notice will forfeit your right to claim a lien in North Dakota.
What should I know about bond claims on public projects in North Dakota?
Payment bonds are usually required on public projects. Contractors and suppliers should review the bond for any notice requirements and time limits to preserve their right to make a claim.
We Set the Standard for the Construction Industry
Not only do we provide you with the tools, knowledge, and team to ensure you feel confident your rights are secured, but we're prepared for the trenches and ready to coordinate with your legal team when things "go sideways" on one of your projects.
